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2025 DAILYLAW 186893 (ALL)

KAUSHAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11555/2025 · 2025-12-05

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11555 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri Rishabh Kamal Pandey, learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 416 of 2025, under sections 3(5)/34, 115(2)/323, 352/504, 105/304, 123/328 BNS/IPC, P.S. Mohammadpur Khala, District Barabanki. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 13.7.2025 at about 7:30 PM son of informant had gone to his matrimonial family and had altercation with them because of which the applicant alongwith other persons hurled abuses and something was administered in his food which resulted subsequently in his death. In terms of statement of the victim recorded prior to death it was stated that the some poison was given to the deceased because of which he started vomiting. The post mortem report does not indicate any presence of poisonous substance. The viscera report has not come. There is no injuries on the body of the deceased. 4. Learned AGA has opposed the bail application. 5. Considering the fact there is no material to corroborate the allegations of administering poison, however, without commenting upon the merits of the case, the applicant who is in jail since 5.8.2025 and has explained his criminal history in supplementary affidavit is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Shashi Kant Tripathi Counsel for Opposite Party(s) : G.A. Kaushal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Let the applicant Kaushal be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. December 5, 2025 J. K. Dinkar BAIL No. 11555 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench